NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MARCH 16, 2004 – 2:30 P.M.

 

Prayer offered by Councilman Paul R. Riddick, followed by the Pledge of Allegiance.

 

                                      President Fraim moved to dispense with the reading of the minutes of the previous meeting.

 

Motion adopted.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

CERTIFICATION OF CLOSED MEETING

 

A Resolution entitled, "A Resolution certifying a closed meeting of the Council of the City of Norfolk in accordance with the provisions of the Virginia Freedom of Information Act," was introduced in writing and read by its title.

 

The Resolution as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

CEREMONIAL MATTER

 

                President Fraim read a proclamation proclaiming the month of March as “American Red Cross Month”.  Joey Rothgery, Executive Director, American Red Cross of Southeastern Virginia received the proclamation.  Also present were Malcolm Branch, the Executive Director of South Tidewater Associates of Ship Repairers, Inc., and Marty Raiss, the Administrator of Pace Office of Community Outreach. 

 

 

 

PUBLIC HEARING

 

PH-1                              PUBLIC HEARING scheduled this day, under the State law, public notice having been inserted in the local press by the City Clerk on the application of the City Planning Commission for a Zoning Ordinance Amendment to establish a time limit of six months for refiling an Adult Use Special Exception Application.

 

                   No one was present to speak concerning this matter.

 

                                      Thereupon, An Ordinance entitled, “An Ordinance to amend and reordain Section 25-4 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO revise the regulations governing resubmission of applications for special exceptions,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

CONSENT AGENDA

 

ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WAS ENACTED BY ONE MOTION IN THE FORM LISTED.  THERE WAS NO SEPARATE DISCUSSION OF THESE ITEMS.  IF DISCUSSION IS DESIRED, THAT ITEM WAS REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.

 

C-1                                 Letter from the City Manager transmitting financial statements as of January 31, 2004.

 

ACTION:   Received and filed.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

No:    None.

 

 

REGULAR AGENDA

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the operation of an eating and drinking establishment by Airena’s on property located at 114 East Little Creek Road,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Sections 25.1-75, 25.1-86 and 25.1-87 of the Norfolk City Code, 1979, regarding off-street parking facilities, SO AS TO rename and designate certain parking lots and garages and revise the rate structure for the Freemason Street Garage,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

R-3                                 Letter from the City Manager and A Resolution entitled, “A Resolution requesting the Virginia Department of Transportation to accept certain additional city streets for municipal assistance payments and to remove some streets from the eligible list pursuant to Section 33.1-41.1 Code of Virginia, 1950 as amended,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the sale of beer and wine for off-premises consumption by River Oaks Shell on property located at 5369 E. Princess Anne Road,” was introduced in writing and read by its title.

 

                             Richard Doumar, attorney, 3330 Pacific Avenue, Virginia Beach, requested this matter be continued until April 6, 2004.

 

ACTION:   Matter continued until April 6, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the agreement between the Commonwealth of Virginia, Department of Transportation, and the City of Norfolk relating to the Pinners Point Connector Improvement Project,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the issuance of twelve certificates of public convenience and necessity to Norview Cars Inc., twelve certificates of public convenience and necessity to Black and White Cars, Inc., twenty certificates of public convenience and necessity to Andy’s Cab Company,  six certificates of public convenience and necessity to Waterside Taxi Company, Inc., six certificates of public convenience and necessity to Duke’s Cab Company, Inc./White’s Taxi Company, Inc. and six certificates of public convenience and necessity to Oceanside Cabs  and ten certificates of public convenience and necessity to City Wide Cabs LLC for the operation of taxicabs based upon evaluative criteria,” was introduced in writing and read by its title.

 

                   Perry Rempass, 3455 Azalea Garden Road, appeared on behalf of City Wide Cabs in opposition to this matter but did not speak.

 

`                  Andrew Felix, Andy’s Cab Company, 1541 Beachview Drive, Virginia Beach, was opposed to the number of permits being reduced for his company.

 

John Bonney, attorney representing Southside Cab Company, 5442 Tidewater Drive, was concerned that his client’s application was not included in the ordinance.

 

                   Haile Tecleab,  Southside Cab Company, 7440 Hampton Boulevard, asked Council to include his application in the ordinance.

 

                   Kevin Muhammad, 240 W. 25th Street, St. B, spoke concerning the process of redistributing taxi permits.  He questioned why a new company would be given a large number of permits over an experience company.

 

                   Joel Weintraub, attorney, 201 E. Plume Street, spoke on behalf of Elite Cab Company, opposed the ordinance as recommended, noting that his client had filed an application for six taxi permits.

 

                   Judy Swystun, 6304 Sewells Point Road, appeared in support of this matter on behalf of Black and White Cabs.

 

                   Leonard Oden, 2004 E. Ocean View Avenue, supported the ordinance as recommended.

 

                   Barbara Tracey, 619 W. 35th Street, commented on her work with Oceanside and Waterside Cab Companies to develop and improve the image of cab companies.

 

                   Eric Orr, 445 N. Battlefield Boulevard, Ste. H, Chesapeake, commented about the state-of-the art taxi system being provided by Oceanside and Waterside Cab Companies.

 

ACTION:   The Ordinance as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the terms and conditions of an agreement between the city and Stumpy Lake Golf Course, Inc. for the operation of Lambert’s Point Golf Course and Lake Wright Golf Course and authorizing the execution of the agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 16, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

NEW BUSINESS

 

1.      J. Brewer Moore, 308 Bobby Jones, Dr., Portsmouth, urged Council to support House Joint Resolution 142 which calls for consolidating the cities of Norfolk and Portsmouth.

 

2.      Daniel Montague, President of Sherwood Forest Civic League, 4605 Krick Street, commented about economic development ofhe State.